Bill Text: IL HB2841 | 2019-2020 | 101st General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a marriage may be solemnized by a mayor or president of a city, village, or incorporated town who is in office on the date of the solemnization. Effective immediately.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2019-06-14 - Public Act . . . . . . . . . 101-0014 [HB2841 Detail]
Download: Illinois-2019-HB2841-Introduced.html
Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a marriage may be solemnized by a mayor or president of a city, village, or incorporated town who is in office on the date of the solemnization. Effective immediately.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2019-06-14 - Public Act . . . . . . . . . 101-0014 [HB2841 Detail]
Download: Illinois-2019-HB2841-Introduced.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Marriage and Dissolution of | |||||||||||||||||||
5 | Marriage Act is amended by changing Section 209 as follows:
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6 | (750 ILCS 5/209) (from Ch. 40, par. 209)
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7 | Sec. 209. Solemnization and Registration. | |||||||||||||||||||
8 | (a) A marriage may be solemnized by a judge of a court of | |||||||||||||||||||
9 | record, by a
retired judge of a court of record, unless the | |||||||||||||||||||
10 | retired judge was removed from
office by the Judicial Inquiry | |||||||||||||||||||
11 | Board, except that a retired judge shall not
receive any | |||||||||||||||||||
12 | compensation from the State, a county or any unit of local
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13 | government in return for the solemnization of a marriage and | |||||||||||||||||||
14 | there shall be no
effect upon any pension benefits conferred by | |||||||||||||||||||
15 | the Judges Retirement System of
Illinois, by a judge of the | |||||||||||||||||||
16 | Court of Claims, by a county clerk in counties
having 2,000,000 | |||||||||||||||||||
17 | or more inhabitants, by a public official whose powers include
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18 | solemnization of marriages, by a mayor or president of a city, | |||||||||||||||||||
19 | village, or incorporated town who is in office on the date of | |||||||||||||||||||
20 | the solemnization, or in accordance with the prescriptions of | |||||||||||||||||||
21 | any
religious denomination, Indian Nation or Tribe or Native | |||||||||||||||||||
22 | Group, provided that
when such prescriptions require an | |||||||||||||||||||
23 | officiant, the officiant be in good standing
with his or her |
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1 | religious denomination, Indian Nation or Tribe or Native Group.
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2 | Either the person solemnizing the marriage, or, if no | ||||||
3 | individual acting alone
solemnized the marriage, both parties | ||||||
4 | to the marriage, shall complete the
marriage certificate form | ||||||
5 | and forward it to the county clerk within 10 days
after such | ||||||
6 | marriage is solemnized.
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7 | (a-5) Nothing in this Act shall be construed to require any | ||||||
8 | religious denomination or Indian Nation or Tribe or Native | ||||||
9 | Group, or any minister, clergy, or officiant acting as a | ||||||
10 | representative of a religious denomination or Indian Nation or | ||||||
11 | Tribe or Native Group, to solemnize any marriage. Instead, any | ||||||
12 | religious denomination or Indian Nation or Tribe or Native | ||||||
13 | Group, or any minister, clergy, or officiant acting as a | ||||||
14 | representative of a religious denomination or Indian Nation or | ||||||
15 | Tribe or Native Group is free to choose which marriages it will | ||||||
16 | solemnize. Notwithstanding any other law to the contrary, a | ||||||
17 | refusal by a religious denomination or Indian Nation or Tribe | ||||||
18 | or Native Group, or any minister, clergy, or officiant acting | ||||||
19 | as a representative of a religious denomination or Indian | ||||||
20 | Nation or Tribe or Native Group to solemnize any marriage under | ||||||
21 | this Act shall not create or be the basis for any civil, | ||||||
22 | administrative, or criminal penalty, claim, or cause of action. | ||||||
23 | (a-10) No church, mosque, synagogue, temple, | ||||||
24 | nondenominational ministry, interdenominational or ecumenical | ||||||
25 | organization, mission organization, or other organization | ||||||
26 | whose principal purpose is the study, practice, or advancement |
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1 | of religion is required to provide religious facilities for the | ||||||
2 | solemnization ceremony or celebration associated with the | ||||||
3 | solemnization ceremony of a marriage if the solemnization | ||||||
4 | ceremony or celebration associated with the solemnization | ||||||
5 | ceremony is in violation of its religious beliefs. An entity | ||||||
6 | identified in this subsection (a-10) shall be immune from any | ||||||
7 | civil, administrative, criminal penalty, claim, or cause of | ||||||
8 | action based on its refusal to provide religious facilities for | ||||||
9 | the solemnization ceremony or celebration associated with the | ||||||
10 | solemnization ceremony of a marriage if the solemnization | ||||||
11 | ceremony or celebration associated with the solemnization | ||||||
12 | ceremony is in violation of its religious beliefs. As used in | ||||||
13 | this subsection (a-10), "religious facilities" means | ||||||
14 | sanctuaries, parish halls, fellowship halls, and similar | ||||||
15 | facilities. "Religious facilities" does not include facilities | ||||||
16 | such as businesses, health care facilities, educational | ||||||
17 | facilities, or social service agencies. | ||||||
18 | (b) The solemnization of the marriage is not invalidated: | ||||||
19 | (1) by the
fact that the person solemnizing the marriage was | ||||||
20 | not legally qualified
to solemnize it, if a reasonable person | ||||||
21 | would believe the person solemnizing the marriage to be so | ||||||
22 | qualified; or (2) by the fact that the marriage was | ||||||
23 | inadvertently solemnized in a county in Illinois other than the | ||||||
24 | county where the license was issued and filed.
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25 | (c) Any marriage that meets the requirements of this | ||||||
26 | Section shall be presumed valid. |
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1 | (Source: P.A. 98-597, eff. 6-1-14; 99-90, eff. 1-1-16 .)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
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